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Physical Pain and Suffering

Physical Pain and Suffering

Because physical pain is subjective, proving it typically requires, at a minimum, the injury victim to explain what they’ve gone through. Testimony or statements provided by close friends or family members can also help substantiate the injury victim’s story. In addition, photographic and video evidence of the injuries can help paint a picture of the extent of the injuries, and, in certain situations, can provide the type of “shock” value that help an insurance adjuster or jury relate to what the victim has gone through. In some circumstances, it can be very useful to hire a videographer to record the victim’s struggles after an injury. These “day-in-the-life” videos can do an excellent job of helping the jury see, first-hand, the injury victim’s pain and suffering.

Like all compensatory damages, an injury victim can seek compensation for their future pain. This requires evidence of a reasonable probability that the injury will continue to affect the plaintiff in the future. In most cases involving long-term or permanent injuries, it is very important to prove future pain by consulting with an expert in the field of injury. A medical doctor can help an injury victim establish what the future probably looks like, and provide an opinion of the victim’s likely future pain.

Can I get a car accident settlement for pain and suffering?

Yes, if you were hurt in a car accident, pain and suffering is “compensable,” meaning you can recover money. Pain and suffering can be challenging to calculate, and how much your accident pain and suffering settlement depends largely on how badly you were hurt, how serious your pain and suffering is, and whether your pain and suffering will be permanent.

Like any other compensable loss following a car accident, pain and suffering is something you have to prove. There are several ways you can prove how your accident pain and suffering is impacting your life:

  1. Keep a journal. You can document the extent of your pain and suffering by keeping a daily or weekly journal. You can rate, on a scale from 1 – 10, how bad your pain was that day, how long it lasted, and how frequently it occurred.
  2. Get proactive medical care. By using diligence to get medical treatment, you will create a thorough medical records that documents your struggle. This can be extremely valuable to document what you have gone through and increase your car accident settlement for pain and suffering. Further, a doctor will be able to provide an opinion on whether your symptoms will be permanent, which can also dramatically increase your car accident settlement for pain and suffering.
  3. Interview friends and family. While you are the person experiencing the car accident pain and suffering, your friends and family can help support your case. It can be very useful to talk with them to learn their perspective on how your pain and suffering is impacting your life.

Maximizing your settlement for pain and suffering is not as simple as telling an insurance company what you are going through. Instead, you have the best chance at securing an outstanding car accident settlement for pain and suffering by working with an experienced attorney. The car accident attorneys at FVF have helped clients recover millions of dollars, and are happy to evaluate your case for free.